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HomeMy WebLinkAboutApproved Minutes - 2025-04-07 PM 503-635-0290 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY CITY OF LAKE OSWEGO Development Review Commission Minutes April 7, 2025 The Commissioners convened at 7:00 PM. Members Present: Chair Larry Linstrom, Vice Chair Helen Leek, John Dewes, Kristen Bates, Russ O’Connor, Yuko Mino, and Dwight Sangrey Members Absent: None Staff Present: Johanna Hastay, Planning Manager; Ellen Osoinach, City Attorney; Ellen Davis, Senior Planner; and Kat Kluge, Administrative Assistant Chair Linstrom asked if there were any changes to the Agenda. No responses were given. REPORT ON COUNCIL ACTIVITIES – John Wendland, City Councilor Councilor Wendland commended the DRC members on the stellar work being done. He then provided an overview of the following recent City Council activities: the library is hosting events for National Library Week in conjunction with "LO Reads;" study sessions were held regarding enforcement of rights-of-way (ROWs) with the vegetation program and the home/occupation standards; the Foothills area development process is in its early stages; the 2-year budget cycle review for fiscal years 2026-2027 will be completed in May; and, Oswego Lake is now open to the public and park rules will be created by April 15, 2025. Chair Linstrom asked if the only access point to the lake was located by the theat er. Councilor Wendland affirmed that there will just be one access point by the theat er. MINUTES March 17, 2025: There were no revisions noted. Commissioner Sangrey moved to approve the Minutes of March 17, 2025, as written. Seconded by Commissioner Bates and passed 6:0, with 1 abstention. PUBLIC HEARING LU 24-0033: A request for approval of: • A lot line adjustment between platted Lots 12 and 13, Block 34, First Addition to the Town of Oswego; Development Review Commission Minutes April 7, 2025 Page 2 of 7 • A Development Review Permit for the construction of a quadplex located in the Downtown Redevelopment Design District (DRDD); • Design variances to reduce the rear yard setbacks for the existing dwelling from 20 feet to 3.7 feet and for the proposed quadplex from 10 feet to 5 feet; and, • Removal of 1 tree. This site is located at 547 5th Street (Tax Reference: 21E03DC02400). The Staff Coordinator is Ellen Davis, AICP, Senior Planner. Ellen Osoinach, City Attorney, briefly introduced herself, then gave an overview of the public hearing process, outlined the applicable criteria and procedures, and gave instructions for any verbal testimony given. Ms. Osoinach asked DRC members to declare any ex parte contacts (including site visits), biases, or financial conflicts of interest. All DRC members present declared that they had not made a site visit, but several knew the location of the property, and that they had no ex parte contacts, conflicts of interest, and no bias. There were no challenges to the Commissioners’ rights to consider the application. Staff Report Ellen Davis, Senior Planner, presented the staff report. The site is located in the Downtown Redevelopment Design District (DRDD), is zoned R-2, and consists of two separate lots (Lots 12 and 13 - platted in 1892), with the existing house being situated on both lots. The lot line adjustment (LLA) is set to carve out a smaller lot around the existing dwelling and create a new lot for the quadplex. The LLA meets the minimum lot size and the dimensional standards (if the design variances to rear setbacks are also approved). Staff recommends approval of the LLA. The new quadplex will be located behind the existing dwelling, closer to the public alley. It meets all setback standards (if the design variances are approved), height limitations, maximum lot coverage, dimensional requirements, and the DRDD aesthetics requirements. The proposed quadplex design is of an Arts and Crafts style, with steeply pitched gabled roofs, multi-pained windows, and mixed siding materials (majority of the ground floor being brick and the remainder being a combination of shingle, horizontal siding, and half timbering on the front entry porches). Staff recommends approval of the DR Permit for the quadplex. There are two different design variances requested: a reduced rear setback from 20 feet to a variable 3.7 feet to 7 feet for the existing dwelling (any new development on this site would need to meet the 20-foot rear setback), and a reduced rear setback from 10 feet to 5 feet for the quadplex. The General Design Variance Criterion a.i and Criterion a.ii are both met for LOC 50.08.003.3. The variances were requested to retain two 52" Douglas fir trees and the existing dwelling (in keeping with the adopted First Addition -Forest Hills neighborhood plan and R-2 zone Development Review Commission Minutes April 7, 2025 Page 3 of 7 purposes). Criterion b.i of LOC 50.08.003.3 is also met for both structures . Staff recommends approval of the design variances. The tree requested for removal is a 21" English walnut tree, located closer to the alley and within the footprint of the proposed quadplex. This tree has undergone severe pruning due to the overhead utility lines. It is not visible from 5th Street and is not considered to be a significant tree (its removal will not lead to a significant negative impact, under LOC 55.02.080). Staff finds that the criteria for tree removal are met and recommends approval. In conclusion, staff recommends approval of LU 24-0033. Ms. Davis pointed to her memo of last Friday; recommending that they remove the term "curb" from condition of approval (COA) C.5.a and remove COA C.5.g, as curbs were discouraged in the neighborhood plan. She noted that the public improvement plans will be reviewed and designed to meet the design standards for this area. Exhibit G-003 was received just before the deadline and will be added to the record. The requests in this comment are similar to those addressed for Exhibit G-002. If the Commission finds that screening is an appropriate COA, staff recommends that it be applied to both the north and the south property lines and consist of 6-foot sight-obscuring fences. Questions of Staff Chair Linstrom asked for a description of the sight-obscuring fence. Ms. Davis replied that one will typically see a 6-foot tall wooden fence in Lake Oswego. Chair Linstrom then noted mention of a tree protection fence. Ms. Davis relayed that tree protection fencing and erosion control were only used temporarily during construction and the exhibit comment request seemed to be looking for something more long-term. Applicant Testimony Chair Linstrom described the timer lighting system and the time limits for each person speaking. Danelle Isenhart, Owner of Isenhart Consulting, LLC and the Applicant’s Representative, described the background of the project, with the required neighborhood meeting being held in July, 2024. She relayed that the design seen today was a pivot by the owner after hearing concerns from the neighborhood residents. One of the three street trees and the shrubs will need to be removed to put in the water and utility lines . She explained that they requested the 5-foot rear setback for the quadplex to discourage parking behind each unit’s garage that would project into the alley. Questions of Applicant Commissioner Mino asked how close the rear porches on the quadplexes were to the shared property line. Nick (no last name given and sitting away from the microphones) answered that the porch overhangs were 7 feet from the property line. Commissioner Mino inquired whether there were any solar design standards that had to be met . Ms. Davis replied that those standards were not applicable for the quadplex in the R-2 zone (affirmed by Johanna Hastay, Planning Manager). Development Review Commission Minutes April 7, 2025 Page 4 of 7 Commissioner O'Connor requested confirmation that no fences were proposed on the property lines between the existing dwelling and the quadplex. Ms. Isenhart pointed to one of the darker lines; explaining that the project would likely include a fence to separate the dwelling from the quadplex. She affirmed that the dwelling’s rear steps would be turned or shortened to avoid the new fence. Commissioner O'Connor then asked about the mention of the alley parking . Ms. Isenhart explained that, with the 5-foot setback, people knew that their cars would stick out into the alley if they were to park behind the garage door thus discouraging alley encroachment. Commissioner Sangrey asked if the Applicant anticipated putting in a screening fence, given the comments received. Ms. Isenhart affirmed that the proposal includes fencing. Ms. Hastay added that members could set the sight-obscuring fencing requirement as a COA, as noted by Ms. Davis at the end of her presentation. Public Testimony In Support Carole Ockert , representing the First Addition Neighbors-Forest Hills Neighborhood Association (FAN-FHNA), 910 Cumberland Road, Lake Oswego, OR, 97034, relayed that the gracious 1940s dwelling was an eye-stopper for the street, being of an iconic First Addition look. She extolled the Applicant's endeavors to adjust the lots in a way that saved the trees, saved the dwelling, and added density to an area of the neighborhood zoned for such. She thanked the Applicant for the changes made in the design, after hearing the co ncerns raised during the neighborhood meetings. She shared that the FAN-FHNA reached a consensus of approval for the setback variance requests, as they were necessary to allow for more dense development, while maintaining safety. She described her observations of different cars parked in the alley. She requested that members approve this application. Neither For nor Against Diane Schweisguth, 5th Street, Lake Oswego, OR, 97034, requested that the Commission change the alley (between 4th and 5th Streets and B and C Avenues) from 2-way traffic to 1-way, with the entrance from B Avenue and the exit onto C Avenue, before the construction of the quadplex starts. She indicated that the alley behind the library was already designated as 1-way. She noted that she performed a rough count and found that approximately 10 cars use that alle y for access to nearby residences. She opined that at least 19 more cars will use the alleyway, following the construction of a 15-unit condominium building and of the proposed quadplex. She expressed concerns over safety and congestion when cars are trying to both enter and exit the alley on B Avenue. Chair Linstrom thanked Ms. Schweisguth for sharing insight and perceptions. He relayed that the DRC did not have the authority to request the directional change for the alley. Vice Chair Leek asked if there were any problems with this for the Applicant . Ms. Hastay replied that the alley concern was addressed by the City Engineer in the Staff Memo, and that if this were to be made a COA during deliberations, the Applicant could come forward to respond. Development Review Commission Minutes April 7, 2025 Page 5 of 7 Bev Sokol, 5th Street, Lake Oswego, OR, 97034, read her written testimony into the record (Exhibit G-003). Commissioner O’Connor asked if Ms. Sokol heard the earlier testimony concerning the fence. Ms. Sokal replied that she did hear this, however, she shared her concern over lighting because of how short her house was. She stated that it was impossible for her to imagine the impact of the fence, given that she had only ever known there being a 4-foot shrub onsite; adding a the 6pfoot fence would block some light but would provide privacy. Jesse Santamaria, 4th Street, Lake Oswego, OR, 97034, shared that the Google map view of the First Addition neighborhood from 2007 was quite different than today. Then, you could see a lot of green and quaint homes with fences hidden by natural vegetation; acknowledging that progress was necessary. He opined that developing for the sake of return on investment (ROI) was starting to degrade their neighborhood in many ways . He then shared that the neighborhood had more light and sound pollution, which brought in more crows and echoes, and that he had been affected by the construction on either side of the alley (gas line being cut, water being turned off, and being evacuated). He implored everyone to do better and slow development down to preserve the uniqueness of the neighborhood. He also shared that his roof had been damaged every winter from the snow fall-off from the taller buildings surrounding his home. Chair Linstrom closed the public hearing, advising audience members that no public comments were permitted during deliberations. Deliberations Vice Chair Leek stated that she thought it was a well thought out project and was glad that the Applicant listened to the concerns raised by the FAN-FHNA regarding saving the trees and the existing dwelling. She suggested that the 6-foot sight-obscuring fence be implemented on the north and south sides, as requested, and that someone in the City look into making traffic in the alley 1-way, as Ms. Schweisguth's case was well-put, even though studies may not support it. Vice Chair Leek asked for confirmation that off-street parking was not required. Ms. Davis affirmed that no minimum parking requirements were applied per code. Vice Chair Leek commended the Applicant for providing garage parking for each of the quadplex units . She noted that this type of development was what the State was requesting. Commissioner Dewes asked if the requested 1-way traffic for the alley would apply to just the one block or the entirety, as alley continued through the neighborhood on both sides of the site. Vice Chair Leek replied that it would apply just to that one block. Commissioner O'Connor added that there was no alley behind Safeway, blocking traffic to the south. Commissioner Dewes also commended the Applicant for taking heed to the requests from the FAN-FHNA, as it showed that the process of neighborhood meetings could work. Commissioner Mino agreed with Vice Chair Leek and with Commissioner Dewes, in that it was commendable the existing dwelling and Douglas fir trees were saved. She stated that she believed that the new building design complemented the existing dwelling, and that she was happy with it. Development Review Commission Minutes April 7, 2025 Page 6 of 7 Commissioner O'Connor opined that it seemed that every one was working together and were more compassionate with each party. He agreed with Vice Chair Leek's comment about the State mandating these developments in the cities. He also agreed with Mr. Santamaria's opinion that changes in a neighborhood were hard (big city feel versus small town neighborhood). Commissioner Sangrey applauded the way the Applicant, the FAN -FHNA, and the City staff all worked together on this project. Ms. Hastay reminded members about the removal of curb-related COAs, if someone were to make a motion. Commissioner Sangrey moved to approve LU 24-0033, with the COAs recommended by staff (removing the term "curb" from COA C.5.a and removing COA C.5.g), and adding a new COA of requiring 6-foot sight-obscuring fence on the north and south property lines (excluding any COA regarding alley traffic being made 1-way). Seconded by Commissioner Mino. Ms. Hastay informed members that the Applicant would need to be asked if they would accept the new fence COA or if they wished to provide additional evidence in response. Ms. Hastay then relayed that the Applicant appeared to have indicated that they were not opposed to the fence COA. Ms. Osoinach stated, for the record, that the Applicant accepted the COA. Administrative staff called the vote on the motion, and it passed 7:0. SCHEDULE REVIEW AND MANAGEMENT UPDATE Ms. Hastay updated DRC members on upcoming meeting s: April 21, 2025 has the Findings from this meeting. Chair Linstrom moved to hold the April 21, 2025 meeting at 6:00 PM via Zoom, and it passed unanimously. May 5, 2025 has the Historic Preservation Standards presentation, coordinated by Paul Espe, staff liaison for the Historic Resources Advisory Board. Ms. Hastay reminded members that three were up for reappointment in June. She stated that she would ensure that all applicable commissioners received a link to the application, so they could apply by the deadline of May 13, 2025, if they so choose. She relayed that the B&C open house was being canceled for this year, but the B&C staff liaisons and City staff would be available to answer questions. For the Tree Code Task Force, she explained the selection and public engagement process, and provided the opportunity for members to discuss their involvement. ADJOURNMENT Chair Linstrom thanked everyone for their participation and adjourned the meeting at 8:31 PM. Respectfully submitted, Development Review Commission Minutes April 7, 2025 Page 7 of 7 /s/ Kat Kluge, Administrative Support